E. S. McKendry Florence Lowe Barnes, Also Known as Pancho Barnes, and William Emmert Barnes v. United States

HAMLIN, District Judge.

The major point raised in this appeal involves the validity of a Declaration of Taking of private property for use by the government for a military installation pursuant to 40' U.S.C.A. § 258a. The facts generally show that in 1952 the Department of the Air Force was undertaking expansion of the Edwards Air Force Base in Kern County, California, and required Appellants’ land, consisting of some 360 acres, for that purpose. Purchase negotiations having failed, the institution of condemnation proceedings became necessary. There was then pending in the District Court a…